Police officer may require sobriety assessment(cf STM Act, s 25)
13 Police officer may require sobriety assessment(cf STM Act, s 25)
A police officer may require a person to submit to an assessment of the person’s sobriety in accordance with the directions of the officer if—
the person has submitted to a breath test in accordance with Division 2 by reason of the occurrence of an event referred to in clause 3(1)(a) or (b), and
the result of the test does not permit the person to be required to submit to a breath analysis.
A person cannot be required to submit to a sobriety assessment unless—
a police officer has a reasonable belief that the person may be under the influence of a drug—
by the way in which the person—
is or was driving a motor vehicle on a road, or
is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion, or
by the behaviour, condition or appearance of the person at the time of or after the relevant event referred to in subclause (1)(a), and
the assessment is carried out by a police officer at or near the place where the person underwent the breath test.
Note.
Clause 2(2)(e) provides for the period after the expiration of which a police officer cannot require a person who has been required to submit to a sobriety assessment, to provide a blood or urine sample under clause 15.
This Act’s bill:Explanatory memorandumSecond reading speech
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